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E/CN.4/1995/SR.53/Add.1

Summary record of the 53rd meeting, 2nd part, held at the Palais des Nations, Geneva, on Friday, 3 March 1995 : Commission on Human Rights, 51st session.

UN Document Symbol E/CN.4/1995/SR.53/Add.1
Convention Convention on the Rights of Persons with Disabilities
Document Type Summary Record
Session 51st
Type Document
Description

16 p.

Subjects Disappearance of Persons, Harmful Traditional Practices, Displaced Persons, Persons with Disabilities

Extracted Text

UNITED NATIONS
E
Economic and Social
Council
Distr.
GENERAL
E/CN.4/1995/SR.53/Add.1
10 March 1995
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fifty-first session
SUMMARY RECORD OF THE 53rd MEETING
(SECOND PART)*
Held at the Palais des Nations, Geneva,
on Friday, 3 March 1995, at 6.35 p.m.
Chairman: Mr. BIN HITAM (Malaysia)
CONTENTS
FURTHER PROMOTION AND ENCOURAGEMENT OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS,
INCLUDING THE QUESTION OF THE PROGRAMME AND METHODS OF WORK OF THE COMMISSION:
(a) ALTERNATIVE APPROACHES AND WAYS AND MEANS WITHIN THE UNITED NATIONS
SYSTEM FOR IMPROVING THE EFFECTIVE ENJOYMENT OF HUMAN RIGHTS AND
FUNDAMENTAL FREEDOMS
* The summary record of the first part of the meeting appears as
document E/CN.4/1995/SR.53.
This record is subject to correction.
Corrections should be submitted in one of the working languages. They
should be set forth in a memorandum and also incorporated in a copy of the
record. They should be sent within one week of the date of this document to
the Official Records Editing Section, room E.4108, Palais des Nations, Geneva.
Any corrections to the records of the public meetings of the Commission
at this session will be consolidated in a single corrigendum, to be issued
shortly after the end of the session.
GE.95-12240 (E)
E/CN.4/1995/SR.53/Add.1
page 2
CONTENTS (continued)
(b) NATIONAL INSTITUTIONS FOR THE PROMOTION AND PROTECTION OF
HUMAN RIGHTS
(c) COORDINATING ROLE OF THE CENTRE FOR HUMAN RIGHTS WITHIN THE
UNITED NATIONS BODIES AND MACHINERY DEALING WITH THE PROMOTION
AND PROTECTION OF HUMAN RIGHTS (continued)
(d) HUMAN RIGHTS, MASS EXODUSES AND DISPLACED PERSONS
ADVISORY SERVICES IN THE FIELD OF HUMAN RIGHTS (continued)
REPORT OF THE SUB-COMMISSION ON PREVENTION OF DISCRIMINATION AND PROTECTION OF
MINORITIES ON ITS FORTY-SIXTH SESSION:
(a) INDIGENOUS ISSUES (continued)
QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN ANY PART
OF THE WORLD, WITH PARTICULAR REFERENCE TO COLONIAL AND OTHER DEPENDENT
COUNTRIES AND TERRITORIES, INCLUDING:
(a) QUESTION OF HUMAN RIGHTS IN CYPRUS (continued)
E/CN.4/1995/SR.53/Add.1
page 3
The meeting was resumed at 6.35 p.m.
FURTHER PROMOTION AND ENCOURAGEMENT OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS,
INCLUDING THE QUESTION OF THE PROGRAMME AND METHODS OF WORK OF THE COMMISSION:
(a) ALTERNATIVE APPROACHES AND WAYS AND MEANS WITHIN THE UNITED NATIONS
SYSTEM FOR IMPROVING THE EFFECTIVE ENJOYMENT OF HUMAN RIGHTS AND
FUNDAMENTAL FREEDOMS
(b) NATIONAL INSTITUTIONS FOR THE PROMOTION AND PROTECTION OF HUMAN
RIGHTS
(c) COORDINATING ROLE OF THE CENTRE FOR HUMAN RIGHTS WITHIN THE
UNITED NATIONS BODIES AND MACHINERY DEALING WITH THE PROMOTION
AND PROTECTION OF HUMAN RIGHTS
(agenda item 11) (continued) (E/CN.4/1995/L.67, E/CN.4/1995/L.68,
E/CN.4/Sub.2/1994/56)
Draft resolution on development of public information activities in the field
of human rights, including the World Public Information Campaign for Human
Rights (E/CN.4/1995/L.67)
1. Mr. TORELLA DI ROMAGNANO (Italy), introducing the draft resolution on
behalf of the sponsors, said that following consultations with various
delegations he had a number of amendments to propose to the text. In the
first preambular paragraph, the words "principles and" should be added before
"purposes"; in the third preambular paragraph, the word "catalytic" should be
replaced by "significant", and the words "national and regional" deleted; and
in the fourth preambular paragraph, "Acknowledging" should be replaced by
"Taking note of".
2. Operative paragraph 5 should be replaced by "Takes note of the efforts of
the Department of Public Information with respect to computer-accessible
information on all aspects of human rights and of the Centre for Human Rights
to establish a database for the promotion of all aspects of human rights".
Operative paragraph 7 should be replaced by "Urges the Department of Public
Information to make full use of resources available for this purpose to
produce factual information materials on all aspects of human rights in all
regions;". Operative paragraph 12 should be replaced by "Requests the High
Commissioner for Human Rights to ensure close cooperation between the Centre
for Human Rights and the Department of Public Information in the
implementation of the aims established for the World Public Information
Campaign for Human Rights and coordination with the United Nations
Educational, Scientific and Cultural Organization, regarding education for
human rights, taking into account the launching by the United Nations
General Assembly of the United Nations Decade for Human Rights Education;".
3. He reviewed the substance of paragraphs 3, 10, 12 and 13 and noted that
it was proposed that the issue should be discussed on a biennial basis, with a
view to streamlining the work of the Commission. He expressed the hope that
the draft resolution would be adopted without a vote.
E/CN.4/1995/SR.53/Add.1
page 4
4. Mr. MÖLLER (Secretary of the Commission) announced that the delegations
of Angola, Argentina, Benin, Côte d’Ivoire, Cyprus, Ecuador, El Salvador,
Hungary, Portugal, Senegal and Uruguay had also become sponsors of the draft
resolution. The draft resolution was considered to fall within the scope of
mandates of the Economic and Social Council, for which resources were already
provided under section 21 of the current biennium budget. No additional
resources would, therefore, be required for the implementation of the
resolution, if adopted.
5. The CHAIRMAN said he took it that the Commission wished to adopt the
draft resolution without a vote.
6. It was so decided.
Draft resolution on national institutions for the promotion and protection of
human rights (E/CN.4/1995/L.68)
7. Ms. WENSLEY (Australia), introducing the draft resolution on behalf of
its sponsors, said it recognized the significant role played by national
institutions in promoting and protecting human rights, and reaffirmed the
importance of developing effective, independent and pluralistic national
institutions for the purpose. It emphasized the need to find an appropriate
form of participation by national institutions in relevant United Nations
meetings on human rights, and requested the Secretary-General to invite Member
States which had not yet done so to inform him of their views on the matter,
so that they could be included in his report to the Commission at its
fifty-second session.
8. She noted that the word "can" in paragraph 14 should be replaced by
"may", and expressed the hope that the draft resolution would be adopted
without a vote.
9. Mr. MÖLLER (Secretary of the Commission) stated that the delegations of
Austria, Canada, France, Greece, Indonesia, Latvia, Malawi, Mexico, Mongolia,
Russian Federation, Senegal, Slovakia, Spain and Sweden had also become
sponsors of the draft resolution. The draft resolution, if adopted, would
have no budgetary implications.
10. Mr. EL KARIB (Sudan) said it was important to his delegation that the
Arabic text of paragraph 14 should be brought into line with the English text
as amended.
11. The CHAIRMAN said he took it that the Commission wished to adopt the
draft resolution without a vote.
12. It was so decided.
Decisions submitted by the Sub-Commission (E/CN.4/1994/56)
Traditional practices affecting the health of women and children (Decision 8)
13. Mr. MÖLLER (Secretary of the Commission) said that the decision, if
adopted, would have no budgetary implications.
E/CN.4/1995/SR.53/Add.1
page 5
14. The CHAIRMAN said he took it that the Commission wished to adopt the
decision without a vote.
15. It was so decided.
ADVISORY SERVICES IN THE FIELD OF HUMAN RIGHTS (agenda item 21) (continued)
(E/CN.4/1995/L.49, L.71, L.72, L.77, L.79 and L.85)
Draft resolution on assistance to Guatemala in the field of human rights
(E/CN.4/1995/L.49)
16. Mr. HELLER (Mexico), introducing the draft resolution on behalf of the
Group of Friendly Countries comprising Colombia, Mexico, Norway, Spain, the
United States of America and Venezuela, as well as the other sponsors, said it
was based on the report of the independent expert Mrs. Monica Pinto
(E/CN.4/1995/15), and took into account the evolution of the situation in
Guatemala as well as the negotiations between the Government and the Unidad
Revolucionaria Nacional Guatemalteca. After noting that the Government’s
commitment to guaranteeing full respect for human rights had been reflected in
the adoption of a series of legal and institutional reforms, he briefly
reviewed the various provisions contained in the operative part of the draft
resolution.
17. Mr. MÖLLER (Secretary of the Commission) said that the delegations of
Canada, Denmark, France, Nicaragua and Peru had also become sponsors of the
draft resolution.
18. Mr. MARROQUIN (Observer for Guatemala) thanked the Group of Friendly
Countries and the other sponsors for their efforts in preparing the draft
resolution, which he hoped could be adopted without a vote. His Government,
which would continue to do all it could to overcome existing obstacles -
chiefly of a structural nature - to the full enjoyment of human rights, was
determined to ensure that not only civil and political rights, but also
economic, social and cultural rights were respected.
19. His Government’s priorities were to consolidate democracy, strengthen the
rule of law, achieve peace and reconciliation and to accelerate the country’s
harmonious development in a context of complete social justice with a view to
eliminating the extreme poverty afflicting the majority of the population,
abolishing the marginalization and social exclusion of which indigenous
populations were the primary targets and ensuring respect for human rights.
Guatemala would continue to cooperate with the Commission, the independent
expert and the United Nations Mission for Guatemala (MINUGUA) and to take
their recommendations into account. It was a democratic country open to
scrutiny and to international cooperation on human rights, as the
international community had already had occasion to observe.
20. Mr. MÖLLER (Secretary of the Commission) said that the draft resolution
would have no budgetary implications if adopted.
21. The CHAIRMAN said he took it that the Commission wished to adopt the
draft resolution without a vote.
22. It was so decided.
E/CN.4/1995/SR.53/Add.1
page 6
Draft resolution on the situation of human rights in Togo (E/CN.4/1995/L.66)
23. Mr. HAREL (France) said his delegation wished to withdraw the draft
resolution in the interest of consensus, and on the understanding that the
other draft resolution on the same subject (E/CN.4/1995/L.71) would be amended
by the sponsors.
Draft resolution on the situation of human rights in Togo (E/CN.4/1995/L.71)
24. Mr. KPOTSRA (Togo) recalled that, in March 1993, the Commission had
adopted a resolution deeply deploring the acts of violence that had occurred
in Togo. The following year, the Commission had adopted resolution 1994/78,
in which it welcomed the positive developments in Togo and the progress
achieved in the democratization process, and called on the authorities to take
a number of specific measures. Those resolutions formed the background for
the report of the Secretary-General on the situation of human rights in Togo
(E/CN.4/1995/16) referred to in paragraph 1 of the draft resolution.
25. The draft had been prepared on the initiative of the Group of African
States and was sponsored by Cameroon, Côte d’Ivoire, Gabon, Guinea-Bissau,
Mauritania, Nigeria, Senegal and Togo. Following lengthy negotiations with
representatives of the European Union, it was proposed that paragraph 9 should
be amended to read: "Requests the Secretary-General to submit to the
Commission at its fifty-second session, under the agenda item entitled
’Advisory services in the field of human rights’, a report on the
implementation of the present resolution, with a view to concluding
consideration of this question."
26. He thanked the sponsors and the African Group for their solidarity as
well as the representatives of the European Union for their spirit of
compromise. It was to be hoped that the Government of Togo would benefit
from the assistance of all friends of that country in strengthening the
institutions to be set up in furtherance of the resolution.
27. Mr. MÖLLER (Secretary of the Commission) announced that the delegations
of Angola, Cameroon, Côte d’Ivoire, Malawi, Mauritania, Senegal and Zimbabwe
had also become sponsors of the draft resolution, and that Benin had withdrawn
as a sponsor.
28. Mr. HAREL (France) said the European Union and Hungary had joined in the
consensus on the draft resolution because it had been amended to meet their
concerns. The cooperation envisaged between the Centre for Human Rights and
Togo would surely be productive, and it was to be hoped that the human rights
situation in that country would accordingly improve.
29. Mr. CAPO-CHICHI (Benin) said that his delegation welcomed the compromise
reached on the draft resolution, as well as the spirit of cooperation shown in
the consultations between Togo and the European Union.
30. The CHAIRMAN said he took it that the Commission wished to adopt the
draft resolution, as amended, without a vote.
31. It was so decided.
E/CN.4/1995/SR.53/Add.1
page 7
Draft resolution on advisory services and the Voluntary Fund for Technical
Cooperation in the Field of Human Rights (E/CN.4/1995/L.72)
32. Mr. HELLBACH (Germany), introducing the draft resolution on behalf of the
sponsors, said that over the past years there had been a steep increase in the
demand for advisory services and technical cooperation. The sponsors welcomed
the interest shown by Governments in cooperating with the Centre for Human
Rights, for it reflected increased awareness of the issue of human rights
which was due in large measure to the commendable activities of the
High Commissioner for Human Rights.
33. Neither advisory services nor the Voluntary Fund had kept pace with new
demands for assistance, however. The Centre lacked personnel, up-to-date
equipment and adequate financial resources, and therefore the draft resolution
urged the Secretary-General to allocate more human and financial resources to
advisory services so they would be able to cope with the substantially
increased demand. The Board of Trustees created only a year ago for the
Voluntary Fund was doing a commendable job - it had done much to increase the
transparency of the activities carried out under the Fund. The sponsors
encouraged the Board to continue its efforts and hoped it would help to
attract new donors.
34. The draft resolution was the result of intensive consultations, the
latest of which had resulted in a request for a few amendments. In the hope
that the resolution could be adopted by consensus, the sponsors therefore
proposed the following changes. In the tenth preambular paragraph, the words
"in any way" should be deleted and the word "scrutiny" replaced by
"monitoring". The existing reference to "monitoring" should be deleted.
35. Mr. MÖLLER (Secretary of the Committee) said that the delegations of
Australia, Bolivia, Bulgaria, the Czech Republic, Ethiopia, Greece,
Madagascar, Malawi, New Zealand, the Republic of Korea, Senegal, Sweden and
the United States of America had also become sponsors of the draft resolution.
No additional resources would be required for implementation should the draft
resolution be adopted.
36. Mr. MORA GODOY (Cuba) said that many of the resolutions adopted by the
Commission made reference to advisory services. However, as the draft
resolution under discussion was entirely and specifically devoted to such
services, his delegation wished to place on record its understanding that the
draft resolution was the only appropriate framework for the provision of
resources for advisory services and the Voluntary Fund.
37. Mr. ELKARIB (Sudan) said he wished to record his delegation’s
reservations on paragraph 11 of the draft resolution, which it interpreted as
tying the provision of technical assistance under the Voluntary Fund to
cooperation with non-governmental human rights organizations. Such
organizations were not clearly defined, nor was any reference made to national
human rights bodies.
38. Mrs. SABHARWAL (India) said her delegation had serious reservations about
the amendments proposed to the tenth preambular paragraph, but in view of the
importance it attached to advisory services, it would not block the consensus.
E/CN.4/1995/SR.53/Add.1
page 8
39. The CHAIRMAN said that he took it that the Commission wished to adopt the
draft resolution, as amended, without a vote.
40. It was so decided.
Draft resolution on assistance to States in strengthening the rule of law
(E/CN.4/1995/L.77)
41. Mr. LINDGREN ALVES (Brazil), introducing the draft resolution on behalf
of the sponsors, said that paragraph 6 should be amended. The words
"reiterates the" and "by the General Assembly too" should be deleted, and the
word "request" changed to "Requests". Moreover, the words "assistance to
States that request such assistance for" should be replaced by "means to
strengthen the capacity of the Centre for Human Rights to provide assistance
to".
42. Since well before the World Conference on Human Rights, Brazil had been
stressing the need to establish a comprehensive programme with sufficient
funds to assist States in implementing national projects to strengthen
institutions of the rule of law. That idea was reflected in paragraph 69 of
the Vienna Programme of Action.
43. According to a report submitted by the Secretary-General to the
forty-ninth session of the General Assembly, such a programme already existed:
it was the programme of advisory services of the Centre for Human Rights. Yet
that programme lacked the means, particularly in terms of capital assistance
funds, to provide effective aid to States for projects that involved any kind
of investment. The sponsors hoped the draft resolution would be adopted by
consensus.
44. Mr. MÖLLER (Secretary of the Commission) announced that the delegations
of Australia, Cuba, Greece, India, Malawi, Nepal and Uruguay had also become
sponsors of the draft resolution.
45. The CHAIRMAN said he took it that the Commission wished to adopt the
draft resolution, as amended, without a vote.
46. It was so decided.
Draft resolution on the situation of human rights in Cambodia
(E/CN.4/1995/L.79)
47. Ms. WENSLEY (Australia), introducing the draft resolution on behalf of
the sponsors, described it as welcoming the efforts being made by the
Government of Cambodia to promote and protect human rights. It identified a
number of areas of concern, however, and encouraged the Government to continue
its efforts to improve the human rights situation, especially by investigating
thoroughly allegations of human rights abuse and by prosecuting those found
guilty. The draft was the product of detailed consultations, and she thanked
all those involved, including the Cambodian delegation, for their thoughtful
contributions and commitment to reaching agreement. The text was an important
E/CN.4/1995/SR.53/Add.1
page 9
further step in assisting the Government of Cambodia and in improving the
enjoyment of human rights by the people of Cambodia. The sponsors hoped it
would be adopted without a vote.
48. Mr. MÖLLER (Secretary of the Commission) announced that the delegations
of Ireland, Italy, Japan, New Zealand, Switzerland and the United Kingdom had
also become sponsors of the draft resolution. No additional resources would
be required for implementation should the draft resolution be adopted.
49. The CHAIRMAN said he took it that the Commission wished to adopt the
draft resolution without a vote.
50. It was so decided.
Draft resolution on assistance to Somalia in the field of human rights
(E/CN.4/1995/L.85)
51. Mr. DI ROMAGNANO (Italy), introducing the draft resolution, said that the
words "upon request" should be added after "a programme of advisory services
for Somalia" in paragraph 3. The draft resolution recognized the need for the
people of Somalia themselves to achieve a peaceful political solution to the
crisis with the assistance of the international community, and requested the
Centre for Human Rights through its Independent Expert to consider ways of
establishing a programme for Somalia which would, wherever possible, make use
of the existing presence of the United Nations. He hoped that the draft
resolution would, as in previous years, be adopted by the Commission without a
vote.
52. Mr. MÖLLER (Secretary of the Commission) said that Finland had also
become a sponsor of the draft resolution. It was considered to fall within
the scope of the mandates of the Economic and Social Council, for which
resources were already provided under section 21 of the current biennium
budget. No additional resources would, therefore, be required for the
implementation of the draft resolution, if adopted.
53. The CHAIRMAN said he took it that the Commission wished to adopt the
draft resolution, as amended, without a vote.
54. It was so decided.
FURTHER PROMOTION AND ENCOURAGEMENT OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS,
INCLUDING THE QUESTION OF THE PROGRAMME AND METHODS OF WORK OF THE COMMISSION:
(d) HUMAN RIGHTS, MASS EXODUSES AND DISPLACED PERSONS
(agenda item 11) (continued) (E/CN.4/1995/L.81)
Draft resolution on internally displaced persons (E/CN.4/1995/L.81)
55. Mr. STROHAL (Austria) said that the following amendments should be made
to the draft resolution.
E/CN.4/1995/SR.53/Add.1
page 10
56. The addition of a new sixth preambular paragraph reading "Also bearing
in mind the same General Assembly resolution noting that, in a number of
instances, the internally displaced are present alongside refugees, returnees
or a vulnerable local population, in situations where it is neither reasonable
nor feasible to treat the categories differently in responding to their needs
for assistance and protection".
57. The addition of a new seventh preambular paragraph reading "Welcoming
the call by the General Assembly for a more concerted response by the
international community to the needs of internally displaced persons, while
emphasizing that activities on their behalf must not undermine the institution
of asylum".
58. In the eighth (formerly seventh) preambular paragraph, the replacement of
the words "a global strategy" by "global strategies".
59. In paragraph 7, the replacement of "calls upon" by "invites" and, in the
last line, of "the extent to which his recommendations have been acted upon"
by "measures taken thereon".
60. In paragraph 9, the addition of "the United Nations Children’s Fund, the
United Nations Development Fund for Women" after "the United Nations
Development Programme".
61. Lastly, paragraphs 9 and 10 should be combined by adding "and" at the end
of paragraph 9.
62. Mr. MÖLLER (Secretary of the Commission) said that the
Russian Federation, Uruguay, Denmark, the Republic of Korea, the
United States, Ireland and the Netherlands had also become sponsors of
the draft resolution.
63. In explanation of the budgetary implications of the draft resolution, as
required under rule 28 of the rules of procedure, he said that the resources
required to implement the requests contained in the draft resolution were
estimated at US$ 18,600 for 1995, US$ 18,900 for 1996 and US$ 19,200 for 1997.
Any additional staffing requirements would have to be considered in the light
of the Centre’s overall staffing situation and had therefore not been included
in the preliminary estimates.
64. Mr. ELKARIB (Sudan) said that his delegation wished to express
reservations at the apparent failure of the draft resolution to give due
weight to the principle that internally displaced persons had to be provided
with assistance in cooperation with the State concerned.
65. The CHAIRMAN said he took it that the Commission wished to adopt the
draft resolution, as amended, without a vote.
66. It was so decided.
E/CN.4/1995/SR.53/Add.1
page 11
REPORT OF THE SUB-COMMISSION ON PREVENTION OF DISCRIMINATION AND PROTECTION OF
MINORITIES ON ITS FORTY-SIXTH SESSION:
(a) INDIGENOUS ISSUES
(agenda item 19) (continued) (E/CN.4/1995/L.46)
Draft resolution on human rights and disability (E/CN.4/1995/L.46)
67. Mr. HYNES (Canada) said that paragraph 2 of the draft resolution should
be deleted and the subsequent paragraphs renumbered accordingly. Moreover,
the words "in the Commission on Social Development" should be added after the
word "indicator" in paragraph 10 (formerly para. 11).
68. He hoped that, as a result of those changes, the Commission would be able
to adopt the draft resolution by consensus.
69. Mr. MÖLLER (Secretary of the Commission) said that the delegations of
Latvia, Israel, Sweden, Greece, Peru, Nicaragua, Ethiopia and Iraq had also
become sponsors of the draft resolution.
70. The CHAIRMAN said he took it that the Commission wished to adopt the
draft resolution, as amended, without a vote.
71. It was so decided.
72. The CHAIRMAN noted that the Commission had thus completed its
consideration of agenda item 19.
QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN ANY PART
OF THE WORLD, WITH PARTICULAR REFERENCE TO COLONIAL AND OTHER DEPENDENT
COUNTRIES AND TERRITORIES, INCLUDING:
(a) QUESTION OF HUMAN RIGHTS IN CYPRUS
(agenda item 12) (continued)
73. Mr. AROCHA (Venezuela) noted that, in a world of renascent nationalism
and conflicts brought about by the collapse of the old bipolar world order, it
was vitally important that the international community should continue to
place human rights and fundamental liberties at the centre of its concerns.
The new world order posed challenges to received ideas of nationality and
sovereignty, and there was a need to reconcile fundamental principles such as
self-determination and non-intervention with supranational imperatives.
74. The urgency of the human rights issue was now greater than ever, but
there was reason to hope that the international community, through
negotiations, would respond to the new situation and resolve existing problems
by consensus. That would require multilateral diplomacy attuned to the
structural changes now taking place in the international system. The
Commission’s role in such efforts was crucial, as was that of the
establishment of a universal culture of human rights.
E/CN.4/1995/SR.53/Add.1
page 12
75. Venezuela was resolute in its commitment to such efforts and had made the
defence of human rights a pillar of its foreign policy. Its diplomacy in that
area was characterized by a flexible and pragmatic approach with the stated
aim of achieving the most workable solutions. In particular, it considered
that the Commission should try to adopt resolutions and decisions of the most
consensual character possible so as to allow full implementation and ensure
the cooperation of the Government concerned.
76. Another cornerstone of Venezuelan foreign policy, and one intimately
connected with human rights, was the extension of democracy to all peoples,
and especially to those of Latin America, since human rights were best
protected in participative systems of government equipped with the mechanisms
needed to defend fundamental liberties. That policy had led Venezuela to
become involved in peace negotiations in countries such as El Salvador,
Guatemala and Haiti. Venezuela particularly welcomed the return of
constitutional government to Haiti, fully supported the Haitian authorities in
their efforts to introduce the reforms needed to protect human rights, and
endorsed the proposal that the High Commissioner for Human Rights should set
up a coordinated human rights programme in that country. In collaboration
with other countries of the region, it had drafted a resolution that reflected
the positive developments in the situation in Haiti and the assumption that
the Commission should continue to monitor events in that country from an
optimistic and constructive stand-point.
77. Democracy, human rights and development were all interdependent, and it
was no longer possible to sustain any form of development on the basis of
social and political exclusion. The Government’s efforts were focused on the
need to strengthen participative democracy, to avoid the errors of the past
and to be guided in any development plan by human needs and the full
realization of human rights.
78. Mr. LINDGREN ALVES (Brazil) said that his delegation had on numerous
occasions drawn the Commission’s attention to the need to review both the form
and content of agenda item 12. Given the volume of reports, the range of
human rights violations to be considered and a long list of speakers, the
Commission’s efficiency was being seriously jeopardized. Not only should its
agenda be reviewed, but the way it dealt with violations of human rights
should be reappraised.
79. It was clear from the reports submitted to the Commission that most
situations involving violations were attributable to war and internal turmoil.
It was a hopeful sign, however, that amid such confusion in the world, the
international community was still striving to devise new ways to deal with
various horrors, such as genocide in Rwanda and ethnic cleansing in Bosnia
and Herzegovina. The preventive efforts of the High Commissioner for Human
Rights, through the establishment of advisory units of the Centre for Human
Rights in Rwanda and neighbouring countries deserved the international
community’s full support and encouragement.
80. Similarly, it was encouraging to note that some situations that had
been on the agenda for many years had undergone positive changes since the
Commission’s fiftieth session, Haiti and other Central American countries,
particularly El Salvador, being cases in point.
E/CN.4/1995/SR.53/Add.1
page 13
81. However, despite the goodwill that had been shown by the international
community at the World Conference on Human Rights in Vienna in 1993, and its
adoption by consensus of the Vienna Declaration and Programme of Action, some
Governments were once again avoiding international monitoring and refusing to
cooperate with the special rapporteurs appointed by the Commission.
82. One of the most important contributions made by the World Conference on
Human Rights had been to recognize that democracy, development and human
rights were interlinked. It was noteworthy that, with the exception of
countries in the process of overcoming internal conflicts, no liberal
democracy, in any part of the world, had been the subject of direct monitoring
under agenda item 12.
83. Nevertheless, there was a need to devise more effective ways, both within
and outside the United Nations, to help democratic countries in their efforts
to ensure respect for human rights. It had become clear that denunciations
and reproaches could be effective when directed at authoritarian regimes that
denied the existence of human rights violations, but were of little help when
addressed to democratic Governments which were the first to recognize,
denounce and combat human rights violations in their territories.
84. For that reason, Brazil had urged the international community to
establish a programme to support domestic efforts aimed at strengthening the
rule of law on a national basis. That was the rationale behind paragraph 69
of the Vienna Programme of Action and what had inspired the delegation of
Brazil to initiate what had become General Assembly resolution 49/194 and
draft resolution L.77 which the Commission had just adopted by consensus.
85. Mr. ROSALES (Nicaragua) said that 20 years after the invasion of Cyprus,
violations of fundamental human rights were continuing, and drew attention to
Commission resolution 1987/50 which had called for the full restoration of all
human rights to the population of Cyprus, in particular to the refugees.
Attempts to populate the northern part of the island with people other than
its inhabitants were undermining the possibility of dialogue between the Greek
Cypriot and Turkish Cypriot communities. Such dialogue would never be
possible until the crisis of confidence between the two communities had been
overcome, for even the efforts of the Secretary-General of the United Nations
in July 1992 to arrive at a general agreement had proved ineffective.
Nicaragua had welcomed the meetings held in May 1993 at United Nations
Headquarters aimed at finding ways to strengthen confidence, establish a
constructive atmosphere in which negotiations could take place, reopen the
fenced areas of Varosha and Nicosia International Airport and establish the
free movement of passengers and goods between the two zones.
86. However, sufficient progress had still not been made, and the Government
of Nicaragua therefore called on the Commission to continue its consideration
of the question of human rights in Cyprus under agenda item 12 (a).
87. Mr. QUAUNINE (Bangladesh) said that, during its fifty-first session, the
Commission on Human Rights had heard from the Special Rapporteur, the Minister
for Foreign Affairs of Croatia and the representative of Bosnia and
Herzegovina who had all testified to the nature and extent of the campaign
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of genocide and ethnic cleansing being carried out by the Bosnian Serb
authorities in Bosnia and Herzegovina. Thus far, approximately
200,000 persons, including 17,000 children, had been either killed or were
missing in Bosnia and Herzegovina. More than 25,000 women had been raped and
almost half of the 4.3 million people of that country had been forced from
their homes. The Office of the United Nations High Commissioner for
Refugees (UNHCR) and the International Committee of the Red Cross (ICRC) had
confirmed information about the existence of forced labour camps and detention
centres that were being run by the Bosnian Serb authorities.
88. The Bosnian people had been consistently denied their right to live in
peace and dignity within a recognized State as a member of the international
community. At present, 70 per cent of the territory of Bosnia and Herzegovina
was occupied by the aggressor; the territorial integrity of the country had
been violated. It was unfortunate that the international community had not
responded effectively to calls for the lifting of the arms embargo on Bosnia
and Herzegovina so that its people could exercise their right of self-defence.
89. The Bosnian Serb authorities had also wilfully disregarded the rights of
the members of the international community who were trying to save the lives
and honour of the people of Bosnia and Herzegovina. The safe areas and
exclusion zones established by the United Nations Security Council had been
regularly violated with impunity by the Bosnian Serb forces.
90. The establishment of an International Tribunal for the Prosecution of
Persons Responsible for Serious Violations of International Humanitarian Law
Committed in the Territory of the Former Yugoslavia since 1991 was a welcome
development. Full support for the Tribunal could have a positive impact on
respect for human rights in Bosnia and Herzegovina.
91. Bangladesh urged the international community, and particularly the
Contact Group, to step up efforts to transform the cease-fire agreement into
a broader framework of understanding for the peaceful resolution of the
conflict. Turkey, on behalf of the member States of the Organization of the
Islamic Conference, would submit a draft resolution to draw the attention of
the international community to the continuing plight of the Bosnian people;
Bangladesh would be one of the sponsors.
92. Mr. AL-SALLAL (Observer for Kuwait) said that the interim report of
the Special Rapporteur on the situation of human rights in Iraq to the
General Assembly at its forty-ninth session (A/49/651) and to the Commission
on Human Rights at its fifty-first session (E/CN.4/1995/56) had dealt in
detail with the situation in Iraq and the question of Kuwaitis who were
missing, or were still being held as prisoners of war in Iraq. The various
efforts made, such as those of the Multinational Tripartite Commission,
friendly countries, and the Organization of the Islamic Conference, had been
unable to convince the Government of Iraq sincerely to cooperate in revealing
the fate of missing Kuwaitis and prisoners of war. Iraq was simply giving the
illusion of cooperating with international efforts in order to deceive world
public opinion, and its policy therefore threatened peace and stability in the
entire region.
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93. It must be made clear to the Government of Iraq that it should address
the question of missing Kuwaitis and prisoners of war and other human rights
violations and that it could not circumvent the resolutions adopted by
international bodies on the subject.
94. Mr. PARREIRA (Angola), speaking in exercise of the right of reply,
said that his delegation had been surprised at the tone and content of the
statement made on 1 March 1995 by the representative of Canada, speaking on
agenda item 12, which had included false and dangerous allegations. Contrary
to what he had stated, and despite the war that had destroyed Angola, the
Government had made giant strides towards the establishment of human rights
institutions. The Government had replied to all the letters and
questionnaires it had received, as the Centre for Human Rights and the
Secretary-General of the United Nations could confirm. Owing to time
constraints, however, he was unable to describe the other specific measures
taken by the Government.
95. The Government of Angola had come to power as a result of elections
monitored by the United Nations. Hundreds of observers had been present
during the balloting, including representatives of Canada.
96. Denial of the existence of a democratic government in Angola was a
deliberate refusal to acknowledge the reality of the situation, and amounted
to political short-sightedness. Denial of the existence of a democratic
process in Angola was not only in bad taste but also threw doubt on the
objectives of the Commission on Human Rights.
97. Democracy in Angola was an institutional fact, and was enjoyed daily
by all Angolan people. A rejection of that reality or a belief in false
allegations such as those made by the representative of Canada would detract
from one of the most noble victories of the Angolan people, namely, the
establishment of a democratic order and a State governed by the rule of law.
98. Mr. EGÜZ (Observer for Turkey), speaking in exercise of the right of
reply, said that the problem in Cyprus was political and could therefore be
resolved. However, the first step was for the Greek Cypriots to abandon
dreams of returning to the pre-1974 status quo.
99. It was cynical for those who had inflicted so many wrongs on the Turkish
Cypriots now to attempt to defend their interests even against Turkey.
100. The human rights of Turkish Cypriots had been systematically violated by
the Greek Cypriots between 1963 and 1974. The intervention of Turkey in line
with the Guarantee Treaty and the subsequent agreement on the exchange of
population had eliminated that possibility.
101. At present, human rights violations could not take place on the island,
since the Greek Cypriots could no longer attack, kill and rape Turkish
Cypriots or destroy their houses and cultural monuments.
102. Exploitation of the issue of missing persons was neither moral nor
helpful, and the Commission on Human Rights could not remain seized of the
issue for another quarter of a century.
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103. The Commission should therefore remove the question of human rights in
Cyprus from its agenda so that it could focus on really important and urgent
problems in the world.
104. Mr. AL-DURI (Observer for Iraq), speaking in exercise of the right
of reply, said that, according to the representative of Kuwait, Iraq was
disregarding certain resolutions adopted by international bodies. In point of
fact, Iraq had made every effort to solve the problem of missing persons, both
Iraqis and Kuwaitis, in various ways, as during talks in Geneva where it had
worked with representatives of Kuwait and Saudi Arabia.
105. The heart of the problem was that people had disappeared during military
action. The situation was therefore complicated, but Iraq would continue to
cooperate with the International Committee of the Red Cross to find a
humanitarian solution.
106. It was true that people were suffering in Iraq. They were suffering at
the hands of the Government of Kuwait that was holding millions of dollars
belonging to other States and Governments in order to convince them to
continue the embargo against Iraq. Those who agreed to do so were equally
responsible for the continuing suffering of the people of Iraq. Furthermore,
the report of the Special Rapporteur on the situation of human rights in
Iraq (E/CN.4/1995/56) was a further attempt to ensure that the embargo against
Iraq remained in place.
107. Mr. AL-SALLAL (Observer for Kuwait), speaking in exercise of the right
of reply, said that the representative of Iraq should confirm whether Iraq
had released any prisoners during the so-called period of cooperation.
Cooperation should go beyond mere attendance at meetings. Tangible progress
had not been made because Iraq used its presence at such meetings as a
delaying tactic. The real reason the embargo against Iraq was still in
place was that Iraq had not complied with the terms for its removal.
108. Mr. AL-DURI (Observer for Iraq), speaking in exercise of the right of
reply, said that there were no Kuwaiti prisoners in Iraq. Everything possible
was being done to find the people who had disappeared at the time of war.
Those people were not being held prisoner. He challenged the international
community to visit Iraq to see for itself whether there were any such
prisoners.
109. Mr. AL-SALLAL (Observer for Kuwait), speaking in exercise of the right of
reply, said that Iraq’s claims that there were no Kuwaiti prisoners were
untrue. Iraq had recognized, in documents submitted to the International
Committee of the Red Cross, that it had imprisoned many Kuwaitis and
transferred them to Iraqi prisons. Pursuant to the third and fourth Geneva
Conventions, Iraq should release the prisoners it was holding.
The meeting rose at 9.05 p.m.